Supreme Court Refuses to Direct EC on Voter Turnout Data: Hands-off Approach Needed

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Supreme Court Denies NGO Plea to Direct EC on Voter Turnout Data During LS Polls

Team Finance Saathi

24/May/2024

Key Points:

1: Supreme Court refuses to issue directions to Election Commission regarding voter turnout data upload during Lok Sabha polls.
2: Court emphasizes a "hands-off approach" during elections, citing difficulties for the poll panel.
3: Election Commission opposes NGO's demand, citing potential chaos and mischief in the electoral process.

The Supreme Court of India, in response to a plea by an NGO, has refused to issue directions to the Election Commission regarding the uploading of polling station-wise voter turnout data on its website during the Lok Sabha polls. The court, comprising a vacation bench of Justices Dipankar Datta and Satish Chandra Sharma, asserted the necessity of adopting a "hands-off approach" during the electoral process. This decision comes amidst the completion of five phases of polling and with two phases remaining, making it challenging for the poll panel to mobilize manpower for such tasks.

The Association for Democratic Reforms (ADR) had filed an interim application as part of its 2019 PIL, seeking directions for the Election Commission to upload scanned copies of Form 17C Part-I, which contains polling station-wise voter turnout data, immediately after the polls. However, the court adjourned the application to be listed before a regular bench after the elections, noting its similarity to the main petition pending since 2019.

The Election Commission, in its affidavit opposing the NGO's demand, argued that uploading such data would "vitiate" the electoral space and cause chaos in the poll machinery during the ongoing Lok Sabha elections. It emphasized that there is no legal mandate to provide Form 17C to anyone other than the candidate or their agent, and public posting of such data could lead to mischief and manipulation, endangering the integrity of the electoral process.

The court's decision underscores the need to understand the ground reality and avoid overburdening the Election Commission by introducing changes midway through the electoral process. It aims to maintain the integrity and efficiency of the electoral machinery while ensuring a fair and transparent election process.

In conclusion, the Supreme Court's refusal to issue directions to the Election Commission regarding the uploading of voter turnout data reflects a cautious approach aimed at preserving the sanctity of the electoral process. The decision highlights the delicate balance between transparency and practical challenges during elections, emphasizing the importance of upholding democratic principles while ensuring the smooth conduct of polls.

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Supreme Court Denies NGO Plea to Direct EC on Voter Turnout Data During LS Polls

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